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Personal Injury in Arizona: Understanding Your Rights

Navigating the aftermath of an accident and injury in Arizona can be overwhelming. If you’ve been harmed due to another party’s carelessness or wrongful actions, you may have a personal injury claim. At https://www.google.com/search?q=AZLawnNow.com, we are dedicated to helping Arizonans understand their rights and pursue the full and fair compensation they deserve.

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Brendan Franks

(602) 654-0202

Brandon Millam

(602) 654-0202

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What is a Personal Injury in Arizona?

In Arizona, a personal injury occurs when one person suffers harm—physically, emotionally, or financially—because of the negligent, reckless, or intentional conduct of another individual, company, or entity. Common personal injury claims in Arizona include:

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Vehicle Accidents

Car, truck, motorcycle, bicycle, and pedestrian accidents.

Premises Liability

Slips, trips, and falls on unsafe property, dog bites, swimming pool accidents, or negligent security.

Medical Malpractice

Harm caused by the substandard care of a healthcare professional.

Wrongful Death

When a person's death is caused by the wrongful act or negligence of another.

Product Liability

Injuries caused by defective or dangerous products.

Workplace Accidents

While often covered by workers' compensation, third-party claims may be possible.

The Personal Injury Claim Process in Arizona:

Seek Medical Attention

Your health is the priority. Medical records also serve as crucial evidence.

Report the Incident

Depending on the type of injury, report it to the police (for accidents), property owner/manager (for premises liability), or your employer (for workplace incidents).

Gather Evidence

Collect names and contact information of witnesses, take photos/videos of the scene and injuries, and keep all related documents (medical bills, receipts, correspondence).

Consult with an Arizona Personal Injury Attorney

An experienced lawyer can evaluate your case, explain your legal options, and handle communications with insurance companies.

Investigation

Your attorney will investigate the incident thoroughly, gathering evidence to establish liability and the extent of your damages.

Demand Package

Your lawyer will typically send a demand letter to the at-fault party’s insurer, outlining your case and the compensation sought.

Negotiation

Many personal injury cases are settled through negotiation with the insurance company.

Filing a Lawsuit

If a fair settlement cannot be reached, your attorney may advise filing a lawsuit.

Discovery

Both sides exchange information and evidence. Depositions (sworn testimony outside of court) may occur.

Mediation/Arbitration

Alternative dispute resolution methods may be used to try and settle the case before trial.

Understanding Arizona's Personal Injury Laws (Updated May 2025)

Arizona law has specific provisions that impact personal injury claims:

  • Statute of Limitations: Generally, you have two years from the date of the injury to file a personal injury lawsuit in Arizona (A.R.S. § 12-542). Missing this deadline means you will likely lose your right to seek compensation. There can be exceptions, so it’s crucial to consult an attorney promptly.
  • Comparative Negligence: Arizona follows a “pure comparative negligence” rule. This means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For instance, if you are found 20% at fault, your awarded damages will be reduced by 20%. Importantly, recent modifications to Arizona’s comparative fault rule stipulate that plaintiffs can only recover damages if they are found to be less than 50% at fault for the incident.
  • Damages: Compensation in a personal injury case can cover:
  • 1) Economic Damages: Tangible financial losses such as medical bills (past and future), lost wages, diminished earning capacity, and property damage.
  • 2) Non-Economic Damages: Intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (impact on relationships). It’s important to be aware that Arizona has recently introduced caps on non-economic damages in certain personal injury cases, which can affect the total compensation available for these types of losses.

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